Jennifer Safian, Family and Divorce Mediation

no-fault divorce – by mutual consent

In October 2010, New York became the last of the 50 states to adopt a No-Fault Divorce law which many felt was way overdue.

Before October 2010, New York State still required grounds for divorce. Couples who wanted to get a divorce had to first sign aLegal Separation Agreement and wait a minimum of one year following the signing of the agreement, to file for divorce.

If a divorcing couple wanted to obtain a divorce before the completion of that full year, one spouse would have to invoke grounds against the other, such as accusing the other of abandonment or cruel and inhuman treatment. They often would have to negotiate as to which one of the two would “accuse” the other one and which of the grounds would be used to justify the request for a divorce. These negotiations created a longer, protracted, more expensive process, not to mention the added stress.

Since October 2010, spouses have been able to end their marriage and file for an Uncontested Divorceif:

• one spouse can say under oath that the relationship with the other spouse has been irretrievably broken down for a period of at least six months, and;
• the spouses have resolved together all financial issues regarding Equitable Distribution of their marital property, Spousal Support and in the cases where they have children, child support, custody and a Parenting Agreement.

Many couples facing divorce, as well as the professionals helping them get through the process, wholeheartedly welcomed the adoption of No-Fault Divorce in New York.

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